Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-08-12
Order of Notice.
HAMILTON. s. PECK, ASSIGNEE,
.. VS.. . ChittC
Carroll Il. MACOMBER. Co,,
AMI MANY w. MAGOMnEn- NOul

HAMILTON. s. PECK, ASSIGNEE,
Carroll E. MAcoMBER. Cann,u
AND MARY W. MACOMBER. 'Ounty'
IN CHANCERY
The above named orator having filed in said
Court his bill against the de- endants, seating
forth in su distance hat about March l.. 1899,
David walker, ID. Frank Hatch and said Car
rUl Il. Macombcr formed o-partuership,
under the name OF Walker, Hatch Co., for
the purpose OF carrying on at burlington, VT,
the business OF sthirbuilders ana manulactur'
ers that they became equal partners and en-
titled to draw from the capital OF said firm
yearly, equul Sums us salaries that about
| January T. 1898, said defendant Macomber. on
account OF certain obligations of said Walker
luicn, winch he agreed TO assume was
accorded half interest in said firm. the other
/ partners retaining each onC-fourlh interest;
that each lartner was to devote his time,
energy and skill to the business Tor the COM
mon benefit, the sad Caro- T.. having charge
oi the books and finances that said firm con-
tinued to exist without material change
| tn about November !, 1855, when II stock
| corporation was organized, aud por-
ton of the ,ock, the assets and main
business OF sad firm were transferred to
said corporation, SAID partnels hodinl stock
/ therein, ard having the active management
firm of Walker, Hatch * Co, continued 10 ex-
st i'll about December 2, 1875, when upon
credit or's petition 1t was duly adjudgod insol-
vent the orator was duly appointed as
signec about December %, 1856, and the real
and personal estate, booksand papers of said
firm was duly conveyed to the orator /; that
~
to the defendant Mary w. Macombcr ce tain
reat estate in said burlington, on which these
| defendants caused to be erected Il dwelling
house us tueir homestead at the cost of six
Thousand dollars, as the orator Is informed
aud believes, "a which they lived when said
firm was ad Judged insOVent; mat about &C.
tober -. lcSj, said Thayer duly conveyed to
said Mary w. Macomber, certain other real es-
tate adjo ming tue premises above referred to;
that the consideration of said prices Of land was
seven hundred tity dollars that at the time
o. the purchase Of sad real estate and ever
ar' er, SAID firm was largely in debt and ins OIL
vent, and saiu delendauts were wen aware OF
the fact that dLriDY tho entire pei iOd be-
tween the purchase OF SAID real estate ana
sad insolvency proceedings, said Carol +.
well kuowing the large aud increasing indebt-
edncss aud financial embarrassment of said
firm, com tuucd u represent to its creditors
that II vas solvent, doing a paying business
and had a large surplus over and above its
Indebtedness did OBJ ain fl ON time time, and
in the name OF sad finn renewed and addi-
uouhi "red.t extending and carrying over
from time to time sucn debls upon the renew
al OF the obligations OF said firm therefor; and
on said representations dl'l make in the name
aud behalf OF said irlh large purchases OF ma
tcrdls and obtain frequent loans of money
=, OrtcusIbly for its use aud pledge therefor the
cred of said ii IN ; that said carroll Il. con-
irving how he might inJure ar delraud the
CREDITOR of sdid firm secretly and without the
knowledge OF said creditors, did wcorgfully
and supjustly whndtaw from the funds of
said Co-parj C ship upward OF thfec Thousand
dullnrs in money, AID onward CT two thous-
} aud dollars il 81, ok, materials and and labor,
and appropr ated the same to the sole use,
bene auI adyanta3e 6 OF INNS ms If i,rob ans
OF said real oslate und erection and
construction of Their said dwelling house
rs aforesaid that said Mary w, had reason
to- and did bc'eve, during the period afore-
SAID. said firm VS. insOvent, aud that the
fuaos aud essets Of said firm were wi, hdrawn
and used as eioIcsaid : that said firm was not
re- imbursed therefor, aud that its creditors
a were thus made TO contribute to the
. u oft and advantage of herself and
husband the sald Carroll E.; that the
orator has examined the assets and
: liabilities OF said Arm and that should full
= res itu.t t2 made to him, the assets would
| be inadeQuai e TO pay The just Indebtedness Of
S; d hrm that the oral or Graves leave to
make ,opies OF said deeds, and Instruments in
: WI ing and other rapers orboCks as may lie
Ie"uired, as well as the articles of agreement
an, books OF said 1rm. part of ths bill ;
J of ne sad Mary w, and that she and said
Cal tol F., have hitherto and do now receive
=. tue use and prort OF the same that
sa d tendauls, or either of them, for
he benefit OF the creditors a said
firm, sad premises, or tue vaue of the
iaoncy, mai .iais and labor so withdraw n
ON sad ii Ii, and apnroprmi'd 10 their
prayIag that IN dCtcudantl. an" each OF them
may b" di ested OF the 1itlc to sad premises,
aud that the same may be vest d IN the ora
y ter, that he MAJ dispose OF The same Tor the
= benefit of the creditors OF SAID hrm, and for
such olner aud luriher relief 10 the uremlses
as eqGty may rcqGTe, and he court she
Cheen JUST ana asO = Iying that writ OF ~
junction NAV issue out of said court, re
a sra ring ana en- iolujng the defendants from
u conveying or u'spuslng OF SID PREMISES anC
it aDnear.ng hat sud defendant are out Of
the SUI o. Vermont so that subpoena can
not be we'd upon them
' IL Is ordered mat the above named defend
an, 9 he orted 90 appear before The court OF
Cuancery, for said County of ,h.ttenden a
- the tenn next, to he held at Burlington in SAT-
couu. on third Tuesday of september, 1857
on trst day of sud term, and make answei
tP"-e,o by publishing this order To -" week:
, success iI ely a tie Eurilng .0n tf,e Press the
Il OF which publications. srdi be AT leas
twenty re!s previous 10 sad t=rm Oh 81: 70
COlUt.
y, Dated a. Bdrlina on, in SAID County, thu
&c J,h day OF August, is'.
p 7.w3w @. =. RAY, Clerk.
Il